Court temporarily suspends use of electronic procurement system by all public entities
A Nairobi High Court has temporarily suspended the mandatory use of the electronic procurement system (e-GPS) by all public procurement entities pending the hearing and determination of a petition filed against the use of the e-GPS.
Cabinet Secretary for National Treasury & Economic Planning John Mbadi had ordered all the public procurement entities and the county governments to use the e-GPS.
You might also like
However, Justice Bahati Mwamuye on Monday, September 8, 2025, temporarily blocked CS Mbadi’s order to the public entities of compulsory use of the e-GPS.
“A conservatory order be and is hereby issued staying the decision of the Cabinet Secretary – National Treasury & Economic Planning and the public procurement regulatory authority’s circular No. E04/2025, which required the mandatory use of the electronic government procurement system [e-GPS] by all public procurement entities,” Justice Mwamuye ordered.
Further, Justice Mwamuye also ordered CS Mbadi and the public procurement regulatory authorities to accept both electronic and manual submissions of tender documents and to process the same equally, irrespective of their form of submission, provided that they meet the criteria set out in Section 77 of the Public Procurement and Disposal Act.
He has also directed all public procurement entities to comply with section 77(1) of the Public Procurement and Disposal Act in that the submission of tender documents shall be in writing and in either electronic or manual form, and such submissions shall comply with the other requirements of Section 77 generally and Subsection (1) in particular.
Notably, the judge stated that the three conservatory orders he has issued shall lapse at the end of the day on October 15, 2025, unless otherwise extended.
The Council of Governors (CoG), Issa Elanyi, Karani Ekirapa, Ngweywo Kirui and International Legal Consultancy Group Limited moved to court, challenging CS Mbadi’s decision, stating that the right procedure was not followed.
Further, they stated that there was no public participation conducted on the same and that the county government was also not consulted as per the Constitution.
They argued that the implementation of the whole idea should follow the Constitution, adding that the system should not be hurriedly developed and implemented.
Notably, they state that the decision violates Article 227(2) of the Constitution and now want the court to suspend it for 18 months.
Hearing of the petitioner’s notice of motion application shall be on October 14, 2025, at 10:30 am virtually.
